Opinion
10-cr-20667
06-21-2021
UNITED STATES OF AMERICA, Plaintiff, v. JOHN COOK Defendant.
MOTION FOR REDUCTION OF SENTENCE (ECF NO. 406)
MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE
In 2012, a jury convicted Defendant John Cook of participating in a drug conspiracy involving 50 to 279 grams of cocaine base in violation of 21 U.S.C. § 846; possession with intent to distribute cocaine base in violation of 21 U.S.C. § 841; and two counts of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). United States District Judge Marianne O. Battani then sentenced Cook to 360 months imprisonment.
On January 10, 2018, Cook filed a Motion for Reduction of Sentence Pursuant to Amendment 782 of the United States Sentencing Guidelines. (See Mot., ECF No. 406.) The action was later re-assigned to this Court. (See Dkt.) The Court then reviewed the motion. It appeared to the Court that Cook was not entitled to relief under Amendment 782. As the Court explained:
Amendment 782 of the Guidelines “reduced the base offense levels for crack cocaine offenses in U.S.S.G. § 2D1.1(c)'s drug quantity tables.” United States v. Smith, 655 Fed.Appx. 376, 379 (6th Cir. 2016). But Cook's base offense level was not determined based upon the quantity of drugs for which he was held accountable under § 2D1.1(c)'s drug quantity tables. Instead, Judge Battani applied “the cross-reference in § 2D1.1(d)(1), which provided: If a victim was killed under circumstances that would constitute murder under 18 U.S.C. § 1111 had such killing taken place within the territorial or maritime jurisdiction of the United States, apply § 2A1.1 (First Degree Murder) or § 2A1.2 (Second Degree Murder), as appropriate, if the resulting offense level is greater than that determined under this guideline.” United States v. Cook, 550 Fed.Appx. 265, 27374 (6th Cir. 2014) (explaining how Cook's base offense level was determined). Because Cook's base offense was not determined through application of § 2D1.1(c)'s drug quantity tables, it does not appear that he is entitled to any relief under Amendment 782.(Show Cause Order, ECF No. 422, PageID.3945-3946.) The Court therefore issued a show cause order directing Cook to show cause, in writing, by no later than January 15, 2021, why it should not deny the motion (the “Show Cause Order”). (See id.) Cook asked for an extension of time to respond to Show Cause Order (see Req., ECF No. 423), and the Court extended the time for Cook to file a response until March 15, 2021. (See Order, ECF No. 424.)
Despite the extension of time that the Court granted him, Cook has not filed any response to the Show Cause Order. Nor has he filed a request for additional time to respond. Accordingly, for the reasons explained in the Show Cause Order, Cook's motion to reduce his sentence pursuant to Amendment 782 (ECF No. 406) is DENIED.
IT IS SO ORDERED.